The Constitutional Court has estimated partially the remedy of amparo presented by the 14 right-wing convicted for the assault on the central Catalan cultural Blanquerna, the delegation of the Generalitat in Madrid, in the Day of 2013, and has cancelled the decision of the Supreme Court which increased the penalties that were initially imposed by the Provincial court of Madrid. The Constitutional considers that the high court failed to have regard to the right of the ultras to effective judicial protection by raising the sentence initial without having taken a statement at the oral hearing. The Supreme court must now review the sentence handed down in January of 2017 and won five of the assailants sentences of up to four years in prison.
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The Constitutional Court has advanced this Tuesday the operative part of the judgment covered by the militants of the Falange. The organ presided over by Juan José González Rivas declares, moreover, that the Supreme court violated the rights to a process with all the guarantees and to the presumption of innocence, apply to those convicted of the aggravating circumstance of having committed the crime of discrimination ideological”. Also rejects some of them being applied to a subtype aggravated damage to property for public use.
The Constitutional, in a ruling whose argument will be known in the next few days, orders the Supreme “roll back the proceedings to the time preceding the judgment void, for the court to pronounce a new decision that is respectful of the fundamental right recognized”.
The incident occurred at 19.45 September 11, 2013. A group of about 15 people carried Spanish flags with the eagle of St. John, of Falange and National Alliance, broke into the local, where there were about 60 people celebrating the Diada national of Catalonia. After breaking the entrance of the library, situated in the Alcala street of Madrid, descended to the hall, to the cry “do Not deceive us. Catalonia is Spain”. Once down, was attacked by several of those present, among them senator of the PNV Iñaki Anasagasti and the diputados Teresa Cunillera (PSC) and Josep Sánchez Llibre (UDC). The extremists tore down several bookstores, launched the tear gas and kicked off the lectern and the Catalan flag that presided over the.